PARK SUPPLY CO., INC. v. Sunki

The plaintiff sued defendants seeking to recover money alleged to be due for materials supplied defendants in the construction of an apartment complex. The jury returned a verdict in favor of defendants. The plaintiff thereafter moved for a new trial and this motion was denied and plaintiff appeals. We reverse and remand.

The dispositive issue is whether certain written charges given at the request of one of the defendants were prejudicially erroneous.

The record discloses the following pertinent facts: During the construction of an apartment complex on land owned by defendant Sunki, and other…